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Statutory Instrument 1994 No. 1381

The Ancient Monuments (Class Consents) Order 1994

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1994 No. 1381

ANCIENT MONUMENTS

The Ancient Monuments (Class Consents) Order 1994

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Made19th May 1994
Laid before Parliament24th May 1994
Coming into force14th June 1994

    The Secretary of State, after consultation with the Historic Buildings and Monuments Commission for England, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 2, 3 and 60 of the Ancient Monuments and Archaeological Areas Act 1979[1], and of all other powers enabling them in that behalf, hereby make the following Order:
    Citation, commencement, interpretation and extent
        1.—(1)  This Order may be cited as the Ancient Monuments (Class Consents) Order 1994 and shall come into force on 14th June 1994.

        (2)  In this Order, unless the context otherwise requires—
      "the Act" means the Ancient Monuments and Archaeological Areas Act 1979;

      "carried out lawfully" means carried out in accordance with the terms of a consent granted by order under section 3 of the Act, or which would have been so carried out if during the period in question the monument had been a scheduled monument;

      "the Commission" means the Historic Buildings and Monuments Commission for England;

      "consent" means scheduled monument consent;

      "domestic gardening works" includes works carried out in the non-commercial cultivation of allotments;

      "horticultural works" includes domestic gardening works; and

      "ploughed land" means land on which ploughing has been carried out lawfully within the period of six years immediately preceding the works in question.

        (3)  This Order applies to England and Wales.
    Scheduled monument consent granted by this Order
        2.—(1)  Subject to the provisions of this article, consent is hereby granted under section 3 of the Act for the execution of works of any class or description specified as permitted works in the Schedule to this Order.

        (2)  The consent granted is subject to any condition specified in the said Schedule in relation to works of a particular class or description.

        (3)  Nothing in this article shall operate so as to grant consent contrary to any limitation or condition specified in a consent granted under Part I of the Act otherwise than by ths Order.
    Revocation and saving
        3.—(1)  Subject to the provisions of this article, the Ancient Monuments (Class Consents) Order 1981[2] ("the 1981 Order") and the Ancient Monuments (Class Consents) (Amendment) Order 1984[3] ("the 1984 Order") are hereby revoked.

        (2)  The 1981 Order and the 1984 Order shall continue to be effective in respect of works commenced before this Order comes into force and any limitation or condition specified in this Order shall be disregarded in the application of article 2(3) of the 1981 Order. Peter Brooke Secretary of State for National Heritage 18th May 1994


Signed by authority of the Secretary of State for Wales

Wyn Roberts

Minister of State, Welsh Office

19th May 1994





Notes:

[1] 1979 c. 46; sections 2 and 3 were amended by the National Heritage Act 1983 (c. 47), Schedule 4, paragraphs 27 and 28.

[2] S.I.1981/1302.

[3] S.I.1984/222.

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